Wednesday, May 18, 2016

A Bendigo mother of five was having sex with a 14-year-old boy when his mate walked in on them, a court has heard.

The mother, who was 28 at the time, later told police the boy had been all over her "like a typical teenager".

The boy boasted to his mate how the sex with the woman had been "the best".

A Melbourne judge on Tuesday placed the woman, who gave birth to her sixth child last year, on a two-year community corrections order and ordered her to perform 200 hours of unpaid community work.

She had pleaded guilty to one count of sexual penetration of a child under 16 and was placed on the sex offenders' register for 15 years.

The judge, who cannot be named as it could identify the victim, said the boy had been under the care and supervision of the Department of Human Services since he was 12, and was living in residential accommodation in Bendigo.

The boy and his teenage friend, who had been going out with the woman's 12-year-old daughter, spent the night at the woman's home on September 16, 2013.

The boy later told police he had been drunk on the night and could not remember what had happened but that the sex had been consensual and he had no regrets.

The woman's daughter told police her mother had initially been reluctant to allow the boy to drink alcohol but eventually agreed and he was helping himself to alcohol in the fridge throughout the night.

As the boy became more intoxicated, he told the woman he wanted to date her and even marry her.

The woman's daughter pointed out to the boy the difference in their ages but he said he didn't care if he got into trouble.

He was later having sex with the woman when his friend, 16, walked in on them.

The woman denied knowing the boy was only 14, claiming she found out his age only after speaking to his mother, who had reported her son missing from his DHS accommodation.

She admitted making no real effort to find out how old the boy was and had given in to her desires to have sex with him.

The judge told the court the boy, now aged 17, had provided a victim impact statement which revealed he now realised the woman had taken advantage of him and the sex had not been a good or appropriate thing to do.

Detailing the woman's background, the judge said her mother had abandoned her when she was a baby and her adoptive father and brother had physically and sexually abused her.

The woman's first romantic relationship, when she was 14, was violent and she had given birth to her first child two years later.

She had had five children by 2008 and was suffering from drug and alcohol problems and mental health issues.

But the judge said the woman had since turned her life around, was in a positive relationship and had gone back to school to complete her Year 12 studies.

A psychological report revealed the woman, now aged 31, had no paedophilic tendencies and the chances of her re-offending were low.